1 2025:CGHC:5217 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 601 of 2025 1 - Bank Of Baroda Through Authorised Officer, Chief Manager, Sanjay Garg, S/o - Late Shri Ramesh Chand Garg, Aged About 56 Years, Office At Bank Of Baroda, R.O.S.A.R.B., Raipur, District Raipur, Chhattisgarh Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Atal Nagar, Mahanadi Bhawan, Raipur, District Raipur (C.G.) 2 - The Collector - Cum - District Magistrate Raipur, District Raipur, Chhattisgarh 3 - The Tehsildar Tehsil Raipur, Raipur District Raipur, Chhattisgarh 4 - The Superintendent Of Police Raipur, District Raipur, Chhattisgarh 5 - The Sub Divisional Magistrate Raipur, District Raipur, Chhattisgarh 6 - M/s. Trident Pozolen Pvt. Ltd. Lal Ganga Shopping Complex, G.E. Road, Raipur, District Raipur, Chhattisgarh 7 - Sharad Kumar Tamrakar S/o - Dhaal Singh, R/o - Sundar Nagar, Raipur, District - Raipur, Chhattisgarh 8 - Dr. Dhaal Singh S/o - Dinanath Tamrakar, R/o - Sundar Nagar, Raipur, District - Raipur, Chhattisgarh 9 - Abhinit Tamrakar S/o - Late Shraddha Tamrakar, R/o - Sundar Nagar, Raipur, District - Raipur, Chhattisgarh RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.01.29 16:38:38 +0530 2 10 - Abhigya Tamrakar D/o - Late Shraddha Tamrakar, R/o - Sundar Nagar, Raipur, District - Raipur, Chhattisgarh Respondent(s) For Petitioner(s) : Mr. Saket Pandey, Advocate For Resp 1 to 5 : Ms. Upasana Mehta, Dy. GA (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 29/01/2025 1. By the present writ petition, the petitioner is seeking direction towards respondent No. 2 to 5 to conclude the proceeding under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act, 2002’) and assist in granting the physical possession of the mortgaged properties to the petitioner bank, in Revenue Case No. 212/B-121/2016-2017. 2. Learned counsel for the petitioner submits that on the application under Section 14 of the Act, 2002, the Collector-cum-District Magistrate passed an order dated 24/08/2017 (Annexure-P/1) for handing over the possession of the questioned mortgaged property to the petitioner in Revenue Case No. 212/B-121/2016- 2017, however, the Tahsildar is not proceeding in pursuance of the said order. By referring to memos dated 30/10/2017and 06/011/2024, he would submit that though the memos were issued by the Tahsildar, but no initiatives has taken place in accordance with the Act, 2002 for granting possession of the mortgaged property to the petitioner. 3 3. Learned counsel for the State would submit that it appears from the memo dated 06/01/2024 that the Tahsildar has already proceeded in compliance of the order passed by the Collector and necessary steps will be taken by the Tahsildar for handing over the possession of the mortgaged property. 4. I have heard counsel for the parties and perused the order passed by the Collector dated 24/08/2017 and memos dated 30/11/2017 and 06/11/2024. 5. From perusal of the order passed by the Collector and provisions of the Act, 2002, it appears that the provision of Section 14 of the Act, 2002 is very specific that the Collector shall assist the Bank or the Financial Institution for taking over the possession of the mortgaged property within a stipulated period, but the same has not been followed in the present case till date, though more than 4 years have lapsed. 6. Hence, the Collector, Raipur as well as the Tahsildar, Raipur are directed to take appropriate and necessary steps in compliance of the provisions of Sections 14 of the Act and in pursuance of the order dated 24/08/2017 (Annexure-P/1) to hand over the possession of the mortgaged property to the petitioner within a period of 25 days from today. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul